Rajasthan High Court - Jaipur
Manohar Singh vs State Of Raj & Ors on 10 April, 2013
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.4919/2013 Manohar Singh Versus State of Rajasthan & Anr. DATE OF ORDER : 10/04/2013 HON'BLE MR. JUSTICE M.N. BHANDARI Mr. Ashok Mishra, for petitioner
*** By this writ petition, a challenge is made to the order dated 06.02.2013 whereby candidature of the petitioner has been rejected.
It is a case where petitioner applied for the post of Junior Clerk pursuant to the advertisement dated 17.05.2011. He was called for selection followed by declaration of result vide Annexure-8. The petitioner was assigned merit position No.402 and called for verification of the documents. The petitioner produced the document at Annexure-6 issued by Bhartiya Shiksha Parishad Uttar Pradesh, which is not recognized institution thus candidature of the petitioner has been rejected.
Learned counsel submits that prior to undertaking course from Bhartiya Shiksha Parishad Uttar Pradesh, the petitioner did his Post Graduate Diploma in Computer Education from CMJ University, Meghalaya. The document aforesaid was not filed by the petitioner as he secured only 54% marks. The petitioner is otherwise eligible for appointment if the certificate issued by CMJ University, Meghalaya is looked into. Accordingly, a direction may be given to the respondents to consider qualification taken by the petitioner from CMJ University, Meghalaya and give him appointment as per merit position.
I have considered the submission made and perused the record.
Pursuant to the advertisement dated 17.05.2011, the petitioner applied for the post of LDC. One was required to give details of the qualification and accordingly petitioner filled the column pertaining to the qualification. A copy of application form shown during the course of argument indicates that so far as qualification of Computer is concerned, the petitioner shown to have pursued from Bhartiya Shiksha Parishad Uttar Pradesh. The application form is taken on record. As per details given by the petitioner in the application form, he was called to submit documents for verification. The document at Annexure-6 was submitted accordingly. The Rajasthan Public Service Commission found institution to be unrecognized thus qualification cannot be considered hence selection of the petitioner was accordingly cancelled. The petitioner is having qualification from JMC University but I find that qualification obtained from CMJ University has not been disclosed in the application form thus cannot be taken into consideration. At this stage, learned counsel for petitioner prayed for consideration of the said certificate in the interest of justice. I find aforesaid request to be untenable. If such practice is allowed then RPSC would not be in a position to finalize the merit list because every candidate would pray for similar benefit after rejection of his candidature. The qualification not mentioned in the application form cannot be considered.
The other argument is regarding violation of principles of natural justice while passing impugned order. I find that issue has been looked into by the court on merit after giving proper opportunity of hearing. Thus, the ground for violation of principles of natural justice remains hyper-technical because if the matter is sent for post decisional hearing, it will an empty formality only as it has been considered by the court after hearing petitioner. It is moreso when learned counsel for petitioner is fair enough to admit that so far as Bhartiya Shiksha Parishad, Uttar Pradesh is concerned, it is not a recognized institution so as to extend any benefit to the qualification obtained from said Parishad. Accordingly, I do not find any illegality in the impugned order.
The writ petition so as stay application are accordingly dismissed.
[M.N.BHANDARI], J.
FRBOHRA/4919CWP2013.doc Certificate:
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
FATEH RAJ BOHRA, P.A